Website Terms and Conditions of Use

1. What do I agree to by entering the Website?

You (’the User’) are invited to use the Website on the basis of the terms and conditions of use set out below.

By entering the Website and using its Features (as defined below) you are deemed to have read and accepted these Terms and Conditions. If you do not accept these Terms and Conditions or any part of them, you should not enter or use the Website.

C&T may modify or update these Terms and Conditions from time to time. If you continue to use this Website after any changes, this means you agree to be bound by the modified Terms and Conditions.

If we do make a change to the Terms and Conditions we will post it at the top of this page, together with the date of the change, so you can easily find it.

2. The Features

The Website may offer the following features to you: purchase of products, competitions, prize draws, video clips, downloading of screensavers, desktops and sound files (the ‘Features’).

3. Conditions of Using Features on the Website

You agree to use the Features in this Website in good faith and in the spirit in which they are made available to you. In particular you agree:

1. Not to send or resend any content which is obscene or vulgar, offensive, abusive, harmful, threatening, libellous, defamatory, invasive of another’s privacy, racially or ethically or religiously insulting or otherwise unlawful;

2. Not to use Features on the Website for any purpose that is illegal or which is or may be damaging to the rights or interests of any User or other party;

3. If you or any other party has any issues or concerns with the content of any communications generated via the Website, you should contact the website moderator as soon as possible and;

4. That all Features will be used entirely at your own risk and C&T accepts no responsibility for any losses or consequences suffered by you as a result of your use of the Website. If C&T is informed or has any reason to believe that any of the Features on our Website are being used by a User other than in accordance with these Terms and Conditions, C&T reserves the right to suspend or permanently prevent access by the User to the Features and shall have no liability to the User whatsoever in such event.

4. Sending Us Information

We are happy to receive from you any ideas, suggestions, graphics, mixes, pictures or anything else, but do please remember that, by sending us your submission (the “Material”), you will be deemed to have granted C&T (and any of its subsidiaries or associated companies) a perpetual, royalty-free, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in the Material. By submitting your Material to this site, you also warrant that:

1. you have the right to make it available to C&T;

2. the Material is not defamatory; and

3. the Material does not infringe any law.

You agree to indemnify C&T against all legal fees, damages and other expenses that may be incurred by C&T as a result of your breach of the above warranty. You also agree to waive any moral rights in the Material for the purposes of its submission to and publication on the Website and the other purposes specified above. You may not violate, plagiarise or infringe on the rights of third parties including copyright, trade mark, trade secret, privacy, personal, publicity or proprietary rights.

This means that all stories, mixes, comments, suggestions, ideas, graphics or other information sent to us can be used by us as we see fit. This includes using it for promotional, marketing or any other commercial purpose, whether in advertising, or in developing, manufacturing or marketing products. Under no circumstances are you entitled to any payment if we do use your Material for any purpose. So remember, don’t send us your Material if you don’t want us to use it or the world to know it.

5. Privacy Policy

Please ensure that you read our Privacy Policy to learn about what personal information we collect at this site, how we handle it and for what purposes we use it.

6. Website Content – Accuracy and Permitted Use

C&T makes every effort to ensure that the content of the Website is accurate and up-to-date, but C&T does not offer any warranties (whether express, implied or otherwise) as to the reliability, accuracy or completeness of the information appearing on the Website.

C&T may remove material or Features, from the Website at its own discretion and without any notice.

You are permitted to use the material that is displayed on the Website from time to time only as expressly authorised by C&T.

This Website is intended to provide amongst other things, information relating to Clerk & Teller products and is designed for personal, non-commercial use only.

You may not use this Website, or any of the material appearing on the Website from time to time to further any commercial purpose, including (but not limited to) selling on of any products purchased from the Website to eBay or any other auction site advertising or to promote or encourage traffic to any other website.

7. Copyright, Legal Statement and Database Rights

All content and compilation of such content included on the Website, such as text, graphics, logos, button icons, images and software, is the property of C&T or its subsidiaries, its affiliates or its content suppliers and is protected by UK, European and International copyright and database right laws.

All software used on this Website is the property of C&T, our affiliates or our software suppliers and is protected by UK, European and International copyright laws.

You may not extract and/or re-utilise parts of the contents of the Website without C&T’s express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (either once or many times) for re-utilisation of any substantial parts of this Website. You also may not create and/or publish your own database which features substantial (e.g. our prices and product listings) parts of this Website.

Please also refer to our Legal Statement below.

8. Legal Statement

Clerk & Teller is a subsidiary of Pentland Brands plc.

Clerk & Teller and all other trade marks are registered trade marks of Pentland Brands plc unless stated otherwise.

www.clerkandteller.com is owned by Pentland Brands plc.

9. Intellectual Property Rights

You acknowledge and agree that all copyright, rights in data, databases, trade marks, names, images, logos and other intellectual property rights in the Website content, software and all HTML and other code involved in this Website (“Intellectual Property Rights”) shall remain at all times vested in C&T and that these are protected by copyright and other laws and International treaty provisions.

Users may not, other than in accordance with these Terms and Conditions, modify, copy, distribute, transmit, display, redistribute, transfer, or sell in whole or in part, the Website or any of the Intellectual Property Rights relating thereto, without first obtaining written permission from C&T to do so.

All trade marks appearing on the Website are used by C&T with permission from the relevant trade mark owners and nothing contained in this Website shall be construed as conferring by implication or otherwise any licence or right to use any of the Intellectual Property Rights displayed or subsisting on or in this Website other than in accordance with these Terms and Conditions.

10. Limitation of Liability

The Internet is by its nature an unreliable medium. Consequently, you accept that this Website is offered on an “as is” and “as available” basis.

While C&T takes all reasonable steps to ensure that the Website is properly functioning at all times, C&T does not warrant that this Website will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of software viruses or bugs or other defects.

C&T has no control over, and disclaims all responsibility for, any content you encounter, or events which may occur as a result of your use of the Features and C&T shall not be liable for any damages or other losses of any type whatsoever incurred by you as a result of your use of the Website or the Features.

Except in relation to death or personal injury, Clerk & Teller shall not be liable to you for any loss or damage you suffer as a result of visiting this Website or making use of the Features or information available on the Website. You must take your own precautions (including but not limited to installing adequate protective measures to guard against software viruses and ensuring that you retain up-to-date copies of all data) to protect yourself against loss or damage.

11. Governing Law

Your use of the Website, any purchase by you on the Website of any products and these conditions will be governed by and construed in accordance with the laws of England and Wales and will be deemed to have occurred in England. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.

Your statutory rights ae not affected by these Terms and Conditions

Privacy

Clerk & Teller and/or any of its subsidiaries or associated companies (”C&T” or “we” or “us”) takes its relationship with all our users seriously, and this includes how we handle the data you give us.

C&T is committed to meeting the requirements of all relevant laws and codes. This Privacy Policy sets out the ways C&T processes any personal data collected via our Website.

1. When do we collect personal information?

Our Website is free for you to browse through and read. We only ask for your personal information for the following reasons;

* If you want to purchase product(s) from the Website;

* If you want to create or update your personal profile;

* If you want to take part in a Prize Draw or Competition;

* If you want to contact us, send us an email or offer feedback; or

* If you want to receive clerkandteller.com news and exclusive offers via email.

We only collect personal information (such as your name and address details) if you choose to provide that information to us in response to our request.

2. What do we do with the information?

We will require you to provide particular personal information such as your credit card details and your billing address for the purposes of completing your order. We will only use this information for the purposes of managing your order or your usage of the Website.

Providing additional personal information is up to you. We collect personal information to enter you in contests and notify you of results, to email you with updates, news and special offers, to respond to your questions or comments, to register you for certain features on the Website.

3. Asking your permission

We will only send you email updates if you have asked us to do so.

4. How to unsubscribe

We always provide you with the opportunity to opt in or out of receiving communication via email.

Our policy is to allow users to unsubscribe from our regular emails at any time. You can do this by clicking on the Unsubscribe link at the bottom of the email you’ve received. Alternatively you can email us with the word “Unsubscribe” in the subject line.

However, should you experience any problems, please call our Customer Service team who will assist you.

If you have sent a message asking us to stop sending emails, and this hasn’t happened, it may be because the email address to which we are sending them is not the same as the address you sent your request from. Please check the address we are using and include this information in your request. The easiest way to do this is to return to us the whole of the unwanted email. The address we are sending to is included at the bottom of the message.

If you wish to stop receiving our catalogue, please contact us providing the full name, address and postcode to which we have been sending it, and we will remove this address from our list

5. Who processes your information?

C&T (and those people or companies employed by C&T who help make this Website, its content and its services including Clerk & Teller, Pentland Brands and Pentland Group employees) will process and use the information you tell us in order to respond to your feedback - like responding to problems, improving our services and gearing what we do to suit your requirements further.

Beyond this, we will not share your information with any other company without your consent unless we are required to do so by law, if you have won a prize or if you have made a request for specific information. If you give us consent when you register with clerkandteller.com, then we may share your information with other Pentland companies in order that they can contact you with information, promotions, products, services and offers that may be interesting to you

We will never sell your information to any other company

6. Use of cookies

We may use cookies in order to provide a better service or identify which pages on the Website are of special interest. A cookie is a small piece of information which a Website stores via your web browser on your PC and which can later be retrieved. Cookies cannot be read by a Website other than the one that set it. The main objective is to identify users and personalise their visit by customising web pages for them, for example by welcoming them by name next time they visit the same website. Most cookies last only through one session or visit to our Website. None will contain information that will enable anyone to contact you via telephone, email, or any other means. You can set up your web browser to inform you when cookies are set or to prevent cookies form being set.

7. What do we do to safeguard personal information?

We have instituted safeguards to check that our internal procedures meet our high policy standards. We also use our best efforts to be sure that third parties who work with us as our agents to make this Website and its contents available to you, and to fulfil your orders and requests, agree to protect personal information that they must access in order to serve our Website and our visitors. We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs.

8. Links to other Websites

We offer links to other websites we use and recommend. However, we are not responsible for the content or information collection policies of websites operated by other companies. If you visit another website, we advise you to review their privacy and other policies.

9. Changes to our Privacy Policy

Any changes to the Privacy Policy will be posted here.

If C&T wishes to make material changes to the way we use your personal information we will ask for your consent before we do so.

10. Anything else I should know?

Except as otherwise provided, C&T will NOT disclose any information processed by us to any third party, unless required to do so by law.

If you would like us to access information we have about you, please contact us at Clerk & Teller, Lakeside, Squires Lane, Finchley, London, N3 2QL, England.

© Clerk & Teller 2007. All Rights Reserved.